Premises Liability Law in Massachusetts

For many people, owning property is the ultimate goal. Whether it be a residence, a business, or a vacation home, having a place that is truly yours can be a dream come true. However, owning property isn’t all positive, it also comes with a certain amount of liability. For instance, what if someone is injured while on your property? Well, that’s where premises liability law can come into play. 

What Is Premises Liability?

In the state of Massachusetts, premises liability refers to the legal precedent that landlords can be held responsible for injuries or damage that occur on their property due to negligence. Injuries covered under premises liability are extremely common. For example more than 6.9 million people were treated for fall related accidents in 2021. Some more common causes of injuries seen in premises liability cases include:

• Slip and fall.
• Dog bites.
• Elevator and escalator accidents.
• Slipping on snow and ice.
• Balcony, deck, porch, or stair failure.
• Exposure to toxic fumes.

Of course, this is by no means a complete list. Under premises liability, you could be found responsible for any type of injury, so long as it happens on a property you own or manage. 

What Are the Factors of Premises Liability?

In order for someone to be found responsible under premises liability, there are two main factors that must be met. First, that negligence on the part of the property owner/manager directly caused an injury. Second, that the injured party experienced damages from the injury.

Establishing Negligence

What constitutes negligence on the part of the property owner/manager? Massachusetts laws for landlords require them to keep their property in a reasonably safe condition, as well as warn any and all visitors of unsafe conditions. Failure to meet either of these requirements is considered negligence in the eyes of the law. For example, if a property owner fails to maintain a handrail on a set of stairs, and the handrail breaks causing someone to fall, that is considered negligence.

Injury Damages

 In a premises liability case, it is not enough for the victim to have simply sustained an injury. They must also be able to prove that they suffered damages as a direct cause of said injury. The most common damages are:

• Medical Expenses: This is any and all bills incurred from medical treatment for the injury including surgeries, emergency care, medical transport, physical therapy, occupational therapy, and medication.
• Lost Wages: This includes any and all wages the injured party was not able to earn due to an inability to work because of the injury.
• Pain and Suffering: This refers to the physical and emotional discomfort caused by the injury. May include aches, limitations on present or future activities, shortened lifespan, depression, anxiety, PTSD, or scarring.

If the victim’s injury has caused any of these, and the injury was the result of negligence, then they are a candidate for seeking restitution under premises liability. 

What Is the Assumption of Risk in Premises Liability?

Assumption of risk is the most common defense used when it comes to premises liability. It means the injured party knowingly and voluntarily accepted the risk of being harmed. There are two types of assumed risk, explicit and implied.

• Explicit: This will most often only be used if the defendant is a business. Explicit assumption of risk means that the injured party was explicitly made aware of the risk, usually through the signing of a waiver or contract.
• Implicit: This means that the risk of injury was implied.The injured party was well aware that the actions they were engaged in carried a certain amount of risk. An example of this would be playing baseball in a friend’s backyard, and being struck in the face with the ball. Any reasonable person would agree that there was a risk of this happening when the decision to participate in the game was made.

If the defendant in a premises liability case can prove that either explicit or implicit assumption of risk was present, then the case is likely to be dismissed.

Is Premises Liability the Same as Negligence?

This is an often-asked question due to how intertwined premises liability and negligence are. In fact, they are not the same thing. However, negligence is an umbrella term which premises liability falls under. In layman terms, all premises liability cases are negligence cases, but not all negligence cases involve premises liability. 

Property Owners and their Premises Liability

As a property owner, the best ways to protect yourself from having a premises liability suit brought against you are preventing injuries from happening in the first place and giving explicit warnings about any dangers. Strategies for accomplishing this include:

• Proper Lighting to lessen the chances of trips, falls, and walking into things.
• Signage warning of any risks or hazards.
• Inspections conducted regularly to find signs of wear and damage.
• Repairs done in a timely manner whenever damage is discovered.
• Planning for repetitive hazards, such as a walkway that gets slippery when it rains.

Taking these precautions can go a long way in protecting yourself from the dire financial consequences a premises liability suit can bring. 

How to File a Premises Liability Claim

Filing a premises liability claim can be quite complicated for your average, inexperienced person to accomplish on their own. For this reason, your first step should always be engaging the services of a reputable, experienced premises liability attorney. They will be able to give their opinion regarding the legitimacy of your claim, and then help to file said claim and if necessary, prove it in court. Your attorney will take care of all necessary matters in the process, such as filing a claim with the property owner’s insurance company, collecting evidence of negligence, negotiating on your behalf, and arguing your case in court. However, with 95% of civil suits ending in settlement, with an experienced lawyer, it is unlikely you will have to spend even a day in court.

 

Disclaimer

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